SCHEDULES

SCHEDULE 1Transfer etc. of functions of the Strategic Rail Authority

Part 1Transfer and abolition of functions

Transfer to ORR of consumer protection and other functions relating to licensing

1

(1)

In section 7 of the 1993 Act—

(a)

in subsections (1) and (3) (consultation with SRA about exemptions), omit “and the Authority”; and

(b)

subsections (5A), (6A) and (8A) (consumer protection conditions) shall cease to have effect.

(2)

In subsection (9) of that section, for “subsections (6) and (6A)” substitute “ subsection (6) ”.

2

Section 7A of the 1993 Act (consumer protection conditions) shall cease to have effect.

3

(1)

In section 8 of the 1993 Act (licences), in subsection (1)—

(a)

in paragraph (a), omit “and the Authority”;

(b)

in paragraph (b), omit “given after consultation with the Authority”.

(2)

In subsection (2) of that section, paragraph (a) shall cease to have effect.

(3)

In subsection (6) of that section (consent required for surrender of licence), for “and the Authority consent” substitute “ consents ”.

(4)

In subsection (7) of that section—

(a)

in paragraph (a), omit “, to the Authority”; and

(b)

in paragraph (b), for “Authority” substitute “ Secretary of State ”.

(5)

In subsection (8) of that section, omit “and the Authority”.

4

In section 11 of the 1993 Act (assignment of licences)—

(a)

in subsection (2)(b), omit “and the Authority”;

(b)

in subsection (4), omit “or persons”.

5

(1)

In section 12 of the 1993 Act, subsections (1A) to (1C) (modification of consumer protection conditions) shall cease to have effect.

(2)

In subsection (2) of that section, for “of any conditions of a licence which do not relate to consumer protection” substitute “ under this section ”.

6

In section 13 of the 1993 Act (modification references to Competition Commission)—

(a)

for “the appropriate authority”, wherever occurring, substitute “ the Office of Rail Regulation ”; and

(b)

subsections (1A) to (1C) shall cease to have effect.

7

In section 13A of the 1993 Act (time limits under section 13), for “the appropriate authority”, wherever occurring, substitute “ the Office of Rail Regulation ”.

8

In section 14 of the 1993 Act (reports on modification references)—

(a)

for “the appropriate authority”, wherever occurring, substitute “ the Office of Rail Regulation ”; and

(b)

subsection (5A) shall cease to have effect.

9

In section 15 of the 1993 Act (modification following report)—

(a)

subsections (1B) and (3A) (reports to the SRA) shall cease to have effect;

(b)

in subsections (2), (4A), (4B), (4C) and (4D), omit “or Authority”, wherever occurring; and

(c)

in subsection (4), omit “or (3A)” and “or the Authority”.

10

(1)

This paragraph applies to things done under or for the purposes of any provision of sections 13 to 15C of the 1993 Act (modification of licences) so far as they were done before the commencement of this paragraph by or in relation to the Strategic Rail Authority as the appropriate authority.

(2)

In relation to times after the commencement of this paragraph, those things shall have effect, so far as necessary for giving them continuing validity or effect, as if done by or in relation to the Office of Rail Regulation.